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  • h1 out of cap

    Hi, my employer has applied for a H1B out of cap visa.i was in the US for an year and my petition and WP expired in 2008.i am in India for the last 5 years. what I wanted to know , are 3 things:
    1.what is the processing time for a h1 out of cap. Is it the same as the h1
    in-cap visa time?
    2.will I be eligible to work for FY 2013?
    3.if I do get my H1 visa, can I work in the US only for 6-1( my previous stay in the US) =5 years?

    Please help in answering my questions
    Thanks!!

  • #2
    Originally posted by Veevibes View Post
    Hi, my employer has applied for a H1B out of cap visa.i was in the US for an year and my petition and WP expired in 2008.i am in India for the last 5 years. what I wanted to know , are 3 things:
    1.what is the processing time for a h1 out of cap. Is it the same as the h1
    in-cap visa time?
    3 months normal, 15 days permium
    2.will I be eligible to work for FY 2013?
    Start date is as per your petition. You dont have to wait till Oct 2012 (which is the earliest start date for cap counted petitions)
    3.if I do get my H1 visa, can I work in the US only for 6-1( my previous stay in the US) =5 years?
    yes
    Please help in answering my questions
    Thanks!!
    My comments in line.
    ------------------------
    I reply with my experience and not from any legal perspective.

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